Child Pornography Prosecution – Virginia Lawyers

If you are concerned about a Child Pornography Prosecution in Virginia, contact our law firm immediately for help.

Child Pornography Prosecution – Attorneys In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Mills v. Commonwealth

Facts:

The jury of the Circuit Court of Alexandria, Virginia, indicted defendant on eight counts of possession of child pornography and four counts of production of sexually explicit items involving children. Prior to trial, defendant moved the court to quash the felony indictments. The trial court overruled the motion. Defendant appealed..

If you are facing a criminal case in Alexandria, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

U.S. Const. amend. V provides that no person shall be subject for the same offense to be twice put in jeopardy of life or limb. Accordingly, an accused may not be subjected to (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense..

When considering multiple punishments for a single transaction, the controlling factor is legislative intent. The legislature determines the appropriate unit of prosecution and sets the penalty for separate violations. Therefore, although multiple offenses may be the same, an accused may be subjected to legislatively ‘authorized cumulative punishments. It is judicial punishment in excess of legislative intent which offends the double jeopardy clause.

Child Pornography Prosecution – Attorneys In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.